Lipin v. Wisehart et al
| Joan Carol Lipin |
| Arthur Dodson Wisehart, Arthur D. Wisehart and Mark Apelman |
| 1:2023cv00684 |
| October 23, 2023 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Matthew W McFarland |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 Text Searchable Exhibit A re #22 Response by Defendants Mark Apelman, Arthur Dodson Wisehart. (Webber, Adam) Modified docket text on 12/21/2023 (eh). |
| Filing 24 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #22 Response filed by Arthur Dodson Wisehart, and Mark Apelman, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #22 Response - Exhibit A as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 12/22/2023. (zmc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 23 Reply to Defendants' Response (Doc #22 ) to Plaintiff's Objections (Doc #21 ) to the Magistrate Judge's Proposed Findings of Facts and Supplemental Report and recommendation (Doc #20 ; Doc #16 ; Doc #17 ) by Plaintiff Joan Carol Lipin. (Lipin, Joan) Modified docket text on 12/21/2023 (zmc). |
| Filing 22 Response to #21 Objections by Defendants Mark Apelman, Arthur Dodson Wisehart. (Attachments: #1 Exhibit Exhibit A) (Webber, Adam) Modified docket text on 12/21/2023 (zmc). |
| Filing 21 OBJECTION to #20 , #17 Report and Recommendations PLAINTIFFS OBJECTIONS TO THE MAGISTRATE JUDGES PROPOSED FINDINGS OF FACTS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC 20; Doc 17; Doc 16) by Plaintiff Joan Carol Lipin. (Lipin, Joan) |
Filing 20
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) The first two recommendations in the prior Report and Recommendation (paragraphs 1 and 2), which recommend that this case be dismissed with prejudice by the Court, should be VACATED as MOOT; (2) The remaining recommendations in paragraph 3 of the prior Report and Recommendation shall STAND, as shall the Order requiring Plaintiff to "show cause" on or before 12/12/2023 for her misconduct. Objections to R&R due by 12/15/2023. Signed by Magistrate Judge Stephanie K. Bowman on 12/1/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 19 NOTICE of Voluntary Dismissal by Plaintiff Joan Carol Lipin (Lipin, Joan) |
| Filing 18 NOTICE of Voluntary Dismissal by Plaintiff Joan Carol Lipin (Lipin, Joan) |
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Filing 17
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) This case should be DISMISSED WITH PREJUDICE for lack of jurisdiction because it is implausible and frivolous under the Apple v. Glenn standard, and because Plaintiff Lipin lacks standing to pursue any claims; (2) In the alternative, the case should be DISMISSED WITH PREJUDICE based on issue preclusion; (3) In addition to dismissal with prejudice, this Court should impose the following sanctions upon Plaintiff Lipin: (a) In the absence of a strong showing of good cause within fourteen (14) days of the filing of the Show Cause Order, Plaintiff Lipin should be immediately enjoined and barred from filing any new pro se lawsuit, in her name or anyone else's name that raises her claim of ownership in any of the four Ohio parcels of real estate that make up the Ohio farms or in the Paonia Colorado property at issue in this case; (b) Based on her vexatious history, Plaintiff Lipin should be formally warned that if she initiates any new civil case that is subsequently found to be frivolous, she will be declared to be a vexatious litigant in this Court subject to additional pre-filing restrictions. Specifically, she will be required to obtain a certification of an attorney in good standing that any new claims are not frivolous and that the suit is not brought for any improper purpose; (c) Plaintiff Lipin also should be warned that any additional filings of any type that are found to be vexatious are likely to result in additional sanctions, including but not limited to monetary sanctions. Objections to R&R due by 12/12/2023. Signed by Magistrate Judge Stephanie K. Bowman on 11/28/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 16
ORDER TO SHOW CAUSE - IT IS ORDERED: Within 14 days of the date of this Order, Plaintiff shall SHOW CAUSE why this Court should not immediately enjoin and bar her from filing any new pro se complaints, in her name or anyone else's name that raises her claim of ownership in any of the four Ohio parcels of real estate that make up the Ohio farms or in the Paonia Colorado property at issue in this case. Show Cause Response due by 12/12/2023. Signed by Magistrate Judge Stephanie K. Bowman on 11/28/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| ***Civil Case Terminated per doc #19 (md) |
| Notice of Correction re: #15 Plaintiff's Rule 60(A) Motion to Vacate the Order (Doc 14). Per S. D. Ohio Civ. R. 7.2(a)(2), Defendants' deadline for responding to this motion is 12/11/2023, not 11/30/2023 as Plaintiff indicated in the docket entry at the time of filing the motion. The deadline has been corrected in CM/ECF. (km) |
| Filing 15 MOTION to Disqualify Counsel , First MOTION for Reconsideration re #14 Order on Motion for Extension of Time to Answer,,, Order on Motion to Disqualify Counsel,, Plaintiffs Rule 60(A) Motion to Vacate the Order (Doc 14) ( Responses due by 11/30/2023) by Plaintiff Joan Carol Lipin. (Lipin, Joan) |
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Filing 14
ORDER - IT IS ORDERED: (1) Plaintiff's objections to the pro hac vice admission of Attorney Apelman #11 are OVERRULED; (2) Defendants' motion to extend time to answer or respond to the amended complaint #10 is GRANTED, with Defendants' answer or response due on or before 12/8/2023; (3) Plaintiff's motion to disqualify Mark Apelman from serving as co-counsel #13 is DENIED. Signed by Magistrate Judge Stephanie K. Bowman on 11/16/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 13 MOTION to Disqualify Counsel Defendant Mark Apelman as Co-Counsel for Co-Defendant Arthur Dodson Wisehart a/k/a Arthur D. Wisehart by Plaintiff Joan Carol Lipin. (Lipin, Joan) |
| Filing 12 RESPONSE to Motion re #10 MOTION for Extension of Time to File Answer re #3 Amended Complaint, New date requested 12/8/2023. Plaintiff's Opposition to the Defendants' Motion for an Extension of Time to Answer or Otherwise Plead filed by Plaintiff Joan Carol Lipin. (Lipin, Joan) |
| Filing 11 RESPONSE in Opposition to Motion re #9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9688922) of Adam R. Webber Plaintiff's Opposition to the Pro Hac Vice Motion filed on behalf of Defendant Mark Apelman filed by Plaintiff Joan Carol Lipin. (Lipin, Joan) Modified docket text on 11/15/2023 (zmc). |
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NOTATION ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of Mark Apelman as Co-Counsel. Co-Counsel is directed to register for efiling through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 11/15/2023. (kh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 10 MOTION for Extension of Time to File Answer re #3 Amended Complaint, New date requested 12/8/2023. by Defendants Mark Apelman, Arthur Dodson Wisehart. (Webber, Adam) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9688922) of Adam R. Webber by Defendants Mark Apelman, Arthur Dodson Wisehart. (Attachments: #1 Exhibit Certificate of Good Standing) (Webber, Adam) |
| Filing 8 NOTICE of Appearance by Adam R Webber for Defendants Mark Apelman, Arthur Dodson Wisehart (Webber, Adam) |
| Filing 7 SUMMONS Returned Executed as to Defendants Mark Apelman, Arthur Dodson Wisehart. Mark Apelman served on 10/31/2023, answer due 11/21/2023; Arthur Dodson Wisehart served on 10/27/2023, answer due 11/17/2023. (bjc) |
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Filing 6
ORDER granting #5 Plaintiff's Motion to Obtain Electronic Case Filing Rights. This authorization is limited to electronic filings made in this case only. Plaintiff shall ensure that she complies with all provisions of this Court's Electronic Filing Policies and Procedures Manual, which is available on the Court's website, www.ohsd.uscourts.gov. Failure to do so will result in a revocation of this Order. Additionally, to ensure that Plaintiff has the ability to receive electronic service of filings, she shall establish an account with Public Access to Court Electronic Records (PACER). Signed by Magistrate Judge Stephanie K. Bowman on 10/31/2023. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 5 MOTION by Pro Se Litigant to Obtain Electronic Case Filing Rights by Plaintiff Joan Carol Lipin. (eh) Modified on 10/26/2023 (eh). |
| Filing 4 Summons Reissued as to Defendants Mark Apelman, Arthur Dodson Wisehart. (eh) |
| Filing 3 AMENDED COMPLAINT with Jury Deman filed by Joan Carol Lipin against Mark Apelman, Arthur Dodson Wisehart. (Attachments: #1 Exhibit 1, part 1, #2 Exhibit 1, part 2, #3 Exhibit 2, part 1, #4 Exhibit 2, part 2, #5 Exhibit 2, part 3, #6 Exhibit 2, part 4, #7 Exhibit 2, part 5) (eh) |
| Filing 2 Summons Issued as to Mark Apelman, Arthur Dodson Wisehart. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND filed by Joan Carol Lipin against Mark Apelman, Arthur Dodson Wisehart. (Attachments: #1 Exhibit 1, #2 Exhibit 2, part 1, #3 Exhibit 2, part 2, #4 Civil Cover Sheet, #5 Filing Fee Receipt) (eh) |
| Filing fee: $ 402.00, receipt number 10002840 (eh) |
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